In Re Garth’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Texas law does not require that a prima facie showing be made before a trial court can exercise its discretion to order the production of documents relevant to a damage claim asserted by the plaintiff in a plaintiffs pleadings. With respect to the discovery on net worth, our Supreme Court held in Lunsford v. Morris, 746 S.W.2d 471, 473 (Tex.1988) that: “Our rules of civil procedure and evidence do not require similar practices [i.e., that a prima facie right to punitive damages be established or delaying the production until the jury hears evidence sufficient to submit a punitive damage issue] before net worth may be discovered. Absent a privilege or specifically enumerated exemption, our rules permit discovery of any ‘relevant’ matter; thus there is no evidentiary threshold a litigant must cross before seeking discovery.””

   1 later decision quote this exact passage · from the majority
   e.g. In Re Williams

2. “The trial court also ordered the individuals to produce other categories of documents not necessarily reflective of their net worth. These documents included, but were not limited to, income statements, bank statements, insurance applications, contracts of assignment, accounts receivable, data, inventory lists and judgments. We hold that such documents are subject to the same analysis as the request for income tax returns. Because these documents would not necessarily show a person’s net worth, they are not presumed relevant. Kaiser made no record to demonstrate their relevance here, particularly in light of the trial court’s order requiring the production of certain financial statements.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Brewer Leasing, Inc.